Alerts: Advertising Law
Connecticut AG Launches Investigation into Groupon
In what may be the first regulatory action against the daily deal giant, Groupon, the Connecticut Attorney General has just announced that he has requested information from the company regarding its consumer discount vouchers, or “Groupons”. Read more.
July 15, 2011
Alerts: Advertising Law
Right of Publicity Statute Does Not Apply to Those Who Died Before Its Enactment
An Indiana federal court has ruled that the Indiana right of publicity statute, which has the longest post-mortem period of continuing the right of publicity, does not apply to personalities who died before 1994, the year the statute was enacted. Read more.
July 11, 2011
Alerts: Advertising Law
The 100 Years After Death Right of Publicity Statute Does Not Apply To Personalities Who Died Before
An Indiana federal court has ruled that the Indiana right of publicity statute, which has the longest post-mortem period of continuing the right of publicity, does not apply to personalities who died before 1994, the year the statute was enacted. Read more.
July 11, 2011
Alerts: Advertising Law
CARU Tells Paramount to Modify Advertising for “Justin Bieber: Never Say Never”
The Children's Advertising Review Unit of the Council of Better Business Bureaus, Inc. recently recommended that Paramount Pictures Corp. modify or discontinue a television commercial for the film, "Justin Bieber: Never Say Never". CARU said that the commercial was misleading to children. Read more.
June 30, 2011
Sign Up for Alerts
Sign up to receive receive industry-specific emails from our legal team.
Sign Up.
Alerts: Advertising Law
Advertising Agency Settles Multi-State Attorney General Investigation
Advertising agency Action Integrated Marketing recently entered into a settlement agreement with ten attorneys general, resolving allegations that the advertising agency created advertisements that misled consumers about the origins of cars that it was advertising. Read more.
June 13, 2011
Alerts: Advertising Law
FTC Brings First Enforcement Action Against a Consumer
The Federal Trade Commission recently announced that it reached a settlement with a consumer who provided an allegedly false testimonial in an infomercial for the "wealth-building" program "Winning in the Cash Flow Business". Read more.
June 3, 2011
Alerts: Advertising Law
FTC to Update its Guidance about Disclosures in Online Advertising
The Federal Trade Commission ("FTC") announced yesterday that it is updating "Dot Com Disclosures: Information about Online Advertising," its guidance document that advises businesses on how federal advertising law applies to advertising and sales on the Internet. The current "Dot Com Disclosures" guidance is available here. The FTC announced that it is seeking public comment about how its guidance should be modified to reflect the dramatic changes in the online world since the "Dot Com Disclosures" guidance was first published in 2000. Comments are due by July 11, 2011. Read more.
May 27, 2011
Alerts: Advertising Law
Facebook Developments
Facebook has once again revised its "Promotions Guidelines". Effective May 11, 2011, the revisions place further restrictions on advertiser use of Facebook intellectual property: advertisers are now permitted to use Facebook’s name and trademarks only “in connection with a promotion or to mention Facebook in the rules or materials relating to a promotion” to fulfill the obligations placed on the advertiser by Facebook in its "Promotion Guidelines". Read more.
May 17, 2011
Sign Up for Alerts
Sign up to receive receive industry-specific emails from our legal team.
Sign Up.
Alerts: Advertising Law
Marketing of Violent Entertainment to Children
The Federal Trade Commission recently released the results of an undercover shopper survey regarding retailers' enforcement of entertainment ratings aimed at protecting children. Teenagers hired by the FTC visited national and regional chains in the United States and attempted to buy R-rated movie tickets, R-rated movie DVDs, unrated DVDs of movies, music CDs carrying a "Parental Advisory Label", and video games rated "M." Read more.
May 9, 2011
Alerts: Advertising Law
New Proposed Guidelines on Food Marketing Designed to Combat Childhood Obesity
In a groundbreaking effort to combat childhood obesity, the Federal Trade Commission, the Food and Drug Administration, the Center for Disease Control and Prevention, and the U.S. Department of Agriculture worked together to release a set of proposed voluntary principles for public comment. Read more.
May 9, 2011
Alerts: Technology Law
Data Security
Data security breaches are in the news, and companies that experience them are suffering loss of consumer confidence. If your business model requires you to collect personal consumer data, you may want to hear about a recent federal case that makes it much easier for consumers to sue companies for data security breaches. Read more.
May 4, 2011
Alerts: Advertising Law
Collecting Names Through Sweepstakes Entry Leads to FTC Action
The Federal Trade Commission announced last week that Electric Mobile Corporation, the manufacturer of "Rascal Scooters", used by disabled and senior consumers, and its owner, will pay $100,000 to settle FTC charges that it illegally called millions of consumers who had listed their phone numbers on the national "Do Not Call Registry". Read more.
April 28, 2011
Sign Up for Alerts
Sign up to receive receive industry-specific emails from our legal team.
Sign Up.
Alerts: Advertising Law
DOT Issues New Airline Advertising Rules
Recently, the United States Department of Transportation announced new rules that will bring sweeping changes to airline advertising in the United States. The final rules will be effective later this year. Read more.
April 25, 2011
Alerts: Advertising Law
FTC Seeks to Shut Down Fake News Site Operators
The Federal Trade Commission ("FTC") announced today that it filed lawsuits against ten marketers, alleging that they used fake news websites to market their acai berry weight-loss products. The FTC is seeking court orders to halt the advertising and freeze the defendants’ assets pending trial. Read more.
April 19, 2011
Alerts: Advertising Law
Online Retailer Settles FTC Appliance Labeling Rule Investigation
An online retailer has agreed to pay $100,000 to settle Federal Trade Commission charges that it violated the agency’s "Appliance Labeling Rule". The FTC alleged that the retailer, Universal Appliances, Kitchens, and Baths, Inc., failed to post on its website required EnergyGuide information. Read more.
April 18, 2011
Alerts: Advertising Law
Kerry and McCain Introduce “Commercial Privacy Bill of Rights Act of 2011”
Senators John Kerry and John McCain introduced a privacy bill this week that seeks to provide consumers with more transparency and control regarding the collection, use, storage, and transfer of their personal information.The bill – in its infancy and likely to face opposition – does not require changes in privacy practices unless and until it is enacted. But with bipartisan backing, it’s a privacy bill that could pass. Here’s a summary. Read more.
April 15, 2011
Sign Up for Alerts
Sign up to receive receive industry-specific emails from our legal team.
Sign Up.
Alerts: Advertising Law
FCC Takes Action Against TV Stations for “Commercials in Disguise”
The Federal Communications Commission recently issued "Notices of Apparent Liability" against two television stations for allegedly airing news segments produced and supplied by advertisers, without disclosing that the segments were advertiser-supported. Read more.
April 11, 2011
Alerts: Advertising Law
New Best Practices for Mobile Marketers
The Mobile Marketing Association recently issued a revision of its "U.S. Consumer Best Practices." While the practices do not have the force of law, many leading advertisers follow them, and the mobile carriers require compliance for programs run on their networks. Read more.
April 8, 2011
Alerts: Advertising Law
Google Agrees to Settle FTC Claim Regarding Deceptive Privacy Practices
Google Inc. has agreed to settle Federal Trade Commission charges that it engaged in deceptive tactics and violated its own privacy pledges to consumers during the 2010 launch of its social network, "Google Buzz". Read more.
March 31, 2011
Alerts: Advertising Law
Supreme Court Won’t Disturb New Test for Trademark “Dilution” Claims
The U.S. Supreme Court has let stand a ruling with important implications for advertisers of adult and other potentially lewd products. By refusing to hear an appeal in the closely watched Victoria's Secret Catalogue Inc. v. Mosley case, the U.S. Supreme Court indirectly endorsed an earlier decision from the Court of Appeals for the Sixth Circuit that made it easier for so-called "tarnishment" claims to succeed when the challenged mark was used in a "sex related" context. Read more.
March 30, 2011
Sign Up for Alerts
Sign up to receive receive industry-specific emails from our legal team.
Sign Up.
Alerts: Advertising Law
FTC Announces $250,000 Settlement with Online Marketer
The Federal Trade Commission ("FTC") announced on Tuesday, March 15 that Nashville, Tennessee-based Legacy Learning Systems Inc. and its owner will pay $250,000 to settle FTC charges that they deceptively advertised products through online affiliate marketers who falsely posed as independent reviewers. Read more.
March 16, 2011
Alerts: Advertising Law
FTC Plans to Examine Consumer Experiences in Motor Vehicle Financing & Leasing
The FTC has announced a series of motor vehicle financing and leasing "Roundtables" to be held across the country. The goal: to gather and study consumer experiences in purchasing, financing, and leasing cars, SUVs, and light trucks. Read more.
March 11, 2011
Alerts: Advertising Law
FTC Seeks to Examine Self-Regulatory Efforts of Alcohol Beverage Manufacturers
The Federal Trade Commission has announced that it plans to conduct a new study of the self-regulatory efforts of the alcoholic beverage industry. The study would serve as the foundation for the FTC's fourth major report on the efficacy of voluntary industry guidelines designed to reduce alcoholic beverage advertising to an underage audience. Read more.
March 8, 2011
Alerts: Advertising Law
New Restrictions on Billing Practices
Two recent developments in New York (the prohibition of fees for paper billing) and California (the prohibition from the requesting of Zip codes by retailers) may have an impact on nationwide retailers' billing practices. Read more.
February 16, 2011
Sign Up for Alerts
Sign up to receive receive industry-specific emails from our legal team.
Sign Up.
Alerts: Advertising Law
New Class Action Filed Against Groupon and Retailers: Crowd-Sourcing Gone Bad?
Groupon, the site that offers targeted “Daily Deals” to consumers, enjoys daily stories in the press about its success, including a $6 billion offer from Google. Now, though, it may have attracted the wrong kind of attention. Read more.
February 14, 2011